NYC Woman Sues Nursing Home After Death of Dad From COVID-19

A woman in New York City has filed a lawsuit against a nursing home for nursing negligence that allegedly led to the death of her dad, who was suffering from Covid-19, according to NY Post.

William Oliver, 78, succumbed to Covid-19 on March 15. His daughter Kim Williams has alleged that the Northern Manhattan Rehabilitation Centre, where her father was residing, is mainly responsible for the death. In her lawsuit, Kim has alleged medical incompetence and gross negligence.

The Charges

Kim has alleged that her dad was subjected to “gruesome and agonizing pain and suffering” at the hands of the facility staff. The same facilityhas also been reported to have seen 11 confirmed deaths due to the coronavirus disease plus 12 presumed deaths from the virus, according to the same lawsuit.

Kim has accused the facility of medical malpractices, including not following proper health guidelines or even the essential safety measures that prevent the spread of the novel coronavirus. According to Williams, the guidelines and measures, all of which were not being followed, included:

• Coronavirus screening at entrances
• Enforcing the use of face masks and protective gear among residents and staff
• Stopping group activities
• Implementing social distancing

Kim also holds the alleged facility accountable for withholding information about the situation from the residents’ relatives and loved ones. The plaintiff believes that it was due to these malpractices that the virus entered the facility and spread to all the residents and staff, ultimately leading to the deaths of many at-risk, aged residents.

The Legal Aspect

According to a US patient-care study, about 9.5 percent of all deaths are caused by medical errors and malpractices. You are within your rights to take legal action against injury resulting from clinical negligence. 

There is a medical malpractice law that ensures compensations for death or injury resulting from medical malpractices and negligence. You have the right to be compensated if the health care provider:

• Misdiagnosed your condition 
• Prescribed you the wrong drug or medicine
• Committed errors during surgery 
• Failed to inform you about the risks entailed by a specific procedure or operation
• Failed to get your informed consent to a particular treatment
• Received a treatment or care well below medically accepted standards

You can file a medical malpractice lawsuit within three years of the sustained injury, death, or realization of medical malpractice. 

Contact Us for Help­­­­

If you suspect that a loved one of yours died or sustained an injury due to medical malpractice, it is a good idea to speak with a medical malpractice lawyer. The lawyer will tell you whether it is feasible to file a lawsuit based on your description of the incident and any pieces of evidence.

You may even want to turn to conditional fee agreements where you don’t lose money to solicitors for losing the case and pay off some of the compensation to the medical malpractice attorney if you win the case.

We provide free consultation for medical malpractice in NYC. Contact us on 212-344-1000now and discuss your case with our medical malpractice attorney. You can rest assured that the consultation will remain highly confidential.